‘Disservice’: HC tells watchdog to probe BJP MP procuring meds
The Delhi high court on Monday said East Delhi MP Gautam Gambhir has done a “disservice” by storing large stocks of medicines used to treat Covid-19 during severe shortages in the city, and called the act “malpractice”, despite his positive intentions.
A bench of justices Vipin Sanghi and Jasmeet Singh directed the Delhi government’s drug controller to launch an inquiry into three politicians — Gambhir and Aam Aadmi Party MLAS Praveen Kumar and Preeti Tomar — for allegedly buying and storing Covid-19 drugs and medical oxygen in bulk amid a severe shortage in the Capital. To be sure, all three did not sell the medicines or oxygen, but distributed them for free to people in their constituencies.
The court declined the petitioner’s request to make Gambhir a party to the case while stating that it has not directed any action against him or the two AAP MLAS.
There was no response from the two AAP MLAS and Gambhir despite repeated attempts. However, advocate Kush Sharma, representing MLA Preeti Tomar, told the court she has not been involved in relief work after the recent demise of her brother, and that she was only helping transport oxygen cylinders to those in need.
On April 21, the former cricketer said people who needed Fabiflu tablets could get them for free at his East Delhi office. Fabiflu is an anti-viral drug used to manage the symptoms of Covid-19.
An application was also filed in the pending petition alleging that MLAS Tomar and Kumar procured and stocked medical
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oxygen.
“Gambhir must have done it with best of intentions. He has been a national player for our country. But when you know the medicine is in short supply and you buy over 2,000... Is that responsible behaviour? Should he not have realised that medicines are in shortage for others?” the bench remarked.
Directing the drug controller to inquire how the BJP MP procured over 2,000 strips of Fabliflu, the court said, “We do not doubt his intentions, but the way he has gone about it, he has actually done a disservice, unintentionally maybe.
“Intentions may be lacking, but if they cross the line, the law has to take its course. With the best of the intentions they remain malpractice and, in our society, we cannot permit this.”
The court’s remarks came on a public interest litigation by one Deepak Singh, who sought that an FIR be lodged on allegations that politicians are able to procure and distribute large quantities of Covid-19 medicines, even as patients run from pillar to post to arrange them.
The court noted that once the violations have been brought to the drug controller’s notice, “it cannot shut its eyes”.
“There is a very clear case made out. Tell us under what provisions action is required to be taken and against whom. All this has to be done by the drug controller and not the Delhi Police, as per Supreme Court orders,” the bench said, asking them for a report within a week.
On August 29 last year, the Supreme Court ruled that police cannot register an FIR under the Drugs and Cosmetic Act and violations have to be probed by the drug controller/inspector treating it to be a cognisable offence.